Institute of Heraldic and Genealogical Studies - centre for family history, heraldry and related subjects.
"Mac" and "Mc" Names
"Mac" is always considered an addition to a name. Before there was a "Donald's Son" there was a "Donald". In Scotland names beginning with "Mac" are sometimes alphabetized under the first letter of the second name "Mac Arthur" under "A", "Mac Young" under "Y". After the 1745 uprising to avoid reprisals many surnames became Anglicised by dropping the "Mac", or as they emigrated "Mac Neil" becoming plainly "Neil". Also, in Highland names, there is no significance in the variation between Mac and Mc, and between the use of a capital or a small letter in the second part of the name, such as, MacLean and Maclean. The variation in spelling is easy to understand when one realizes that most people in the middle ages could not read or write. If a person could not spell their name, someone recording the name did so phonetically. Different scribes used different spellings, and the same scribe might use different spellings within the same document. Even an individual might spell his own name in different ways on different occasions. In fact, until about two and a half centuries ago, the spelling of proper names, and many other words, was quite arbitrary. There is however one distinction you can make as far as differentiating between a name being Scottish or Irish. If it is an O' name it is always Irish (those in Scotland are mostly nineteenth century emigrations), but if it is a mac, mc or other variation it can be both Scottish or Irish.
Alcohol
One of the first licensing laws was issued at the time of a plague in 1498 when, in an attempt to halt its spread, a statute demanded taverns and alehouses close at 10pm. At a time when many of Edinburgh's alehouses doubled as thriving brothels, a law also outlawed the employment of women in premises where ale was sold. By 1759, to control the increasing number of alehouses and (whisky) dram shops, legislation was introduced requiring innkeepers to apply to magistrates for a licence. From 1853, with the introduction of a 'grocer's certificate', licensed off sales (sales of alcohol to be consumed elsewhere) were also permitted in Scotland. It had become common practice for fathers to send children to buy their beer, and in 1901 the Child Messenger Act banned the sale of alcohol to children under the age of 14 years, except in quantities of less than one pint. A Licensing Act of 1903 consolidated all previous legislation and introduced stiffer penalties for public drunkenness. There was a strong temperance movement, and the Temperance (Scotland) Act was introduced in 1913, which halted the expansion of public house premises and also introduced much reduced opening hours. It was not until 1976 that hours of opening were extended and Sunday opening was accepted.
Licencee records, which include ale certificate registers, burgh records and licensing court books, are held mainly at The National Archives of Scotland in Edinburgh, but some are in county record offices.
Poor Relief
Poor relief legislation dates to the early 15th century, but it wasn't until after the Reformation that the parish assumed responsibility for the poor. This responsibility was shared between local landowners (or heritors) and the kirk sessions.
Heritor's contributions to the poor fund were often voluntary to avoid being enforced through tax. Income raised by the kirk sessions came from ceremonial fees (baptisms etc.) as well as the church plate and fines. A portion of this money was given out to the poor in the parish. The National Archives of Scotland in Ebunburgh (www.nas.gov.uk) houses Scotland's official collection of kirk session records and these can only, at present, be viewed in person, although plans to digitise and make these records available online are well-advanced. In most cases, poor relief records can be found in session minutes or account books.
In 1845 the administration of poor relief changed with the Poor Law Amendment (Scotland) Act and the introduction of parochial baords. These boards were required to maintain a list of those benefiting from poor relief. Parochial board records can be found in local archives throughout Scotland with the exception of a few examples which are held at the National Archives of Scotland.
BMD (Baptism, Marriage & Death) tax
Between 1783 and 1794 a duty of three pence was put on every baptism, marriage or burial recorded in Scottish registers. Paupers were exempted and so many people were entered as such although they were not. Some avoided the tax by not having their children baptised.
Valuation Rolls
Valuation rolls came into force in 1855 following the Lands Valuation (Scotland) Act of the previous year.This system continued in Scotland until the Community Charge, referred to as the Poll Tax, took over in 1989. From 1854 to 1988 the rolls were collected annually and for each property record the name of the proprietor, the tenant, the occupier and the annual rateable value. The Edinburgh Room holds valuation rolls from 1914.
Hearth Tax
Hearth Tax was a 17th century tax payable by occupiers of properties with hearths or stoves. In 1662, an Act was passed in order to levy taxes based on the number of hearths per property. Any properties worth more than 20 shillings in yearly value that were not inhabited by almsmen were liable to pay the tax, but anyone whose house was worth less than £1 per year or who had an annual income of less than £10 was exempt, as was anyone who paid neither poor or church rates. The short-lived tax was abolished in 1689.
Change of Name
Except during WW2 British subjects have always been able to change their names, providing there was no intent to commit fraud. Most people who change name need proof they have done so and create a deed poll, enrolled in the High Court of Justice and recorded in class J18 at the National Archives. Those made before 1903 are in the Close Rolls at the National Archives. From 1914 it was obligatory to publish deed polls in the London Gazette.
Gregorian Calendar
For centuries dates had been calculated according to the Julian Calendar, named after Julius Caesar. The year had always been calculated as consisting of 365 days. Calculations confirmed the length as actually 365.25 days, so leap years were introduced. The lack of exactness resulted in a discrepancy of 10 days by the 16th century, which meant religious festivals were wrong and dates were not in-keeping with the seasons. Pope Gregory decreed that ten days should be deducted from October 1582 to rectify matters. Most Catholic countries soon complied, but Protestant countries resisted the change. Scotland changed in 1600, with England, Wales and Ireland changing as late as 1752. By then, the error had increased to eleven days, so 2nd September was followed by 14th September.
Divorce
Church courts could disolve marriages, and were easier to obtain compared with England and Wales. They were permitted on grounds of adultery or desertion, through the Commissary Court of Edinburgh 1536-1830 and from then on from the Court of Sessions. Scottish divorce records are held with the Register General of Scotland.
Adoption and Fostering
Before the Adoption Act of 1926, which came into effect in January 1927, children were often fostered or adopted out of workhouses and later from foster homes, and on an informal basis. Under equally informal circumstances, they were given new surnames, so tracing their origins can be difficult.
Dr Barnardo's was founded in 1865 and would eventually deal with over 300,000 cases, and in particular assisting in child emigration throughout the British Empire. The last home closed in 1981. The records of fostered children appear in poor law and workhouse records and the records of founding hospitals. Barnardo's records are listed as confidential for 100 years except to the adopted people concerned. Records are filed under the original birth names only.
After 1926 some children continued to be fostered. Before 1969 records are poor. Adoption records should be requested through the local social services. From 1927 adoption was sanctioned by a court order. As a result the original birth certificate will have the word 'adopted' on it, and the new birth certificate is issued to the cild under the new name.
Adoption records from 1930 are with the Register General of Scotland.
Illegitimacy
Between 1837 and 1965 up to 7% of births in England and Wales were out of wedlock. Scottish figures were probably similar, so it is not a modern phenomenon.
Often an illegitimate child would informally adopt the surname of the new husband, whether or not this was the father. It can therefore be difficult to find the birth of a child whose original surname was that of the mother prior to marriage if you do not know the maiden name of the mother.
It was common for an illegitimate child to hide the truth in later life. Sometimes the father;s name is left blank on certificates. Sometimes the name of a fictitious man with the same surname was given, or the name of a professional that they knew.
If the father's name does not appear on the birth certificate, the name may never be known. Sometimes clergymen and registrars suggested or even insisted on the child be given a middle name which was the father's surname.
Trade Directories
Directories began to appear in the 18th century, with Edinburgh first appearing in 1773 and Glasgow in 1783. They became more common in the 19th century, and generally listed tradesmen, merchants, craftsmen, farmers, professionals, clergy, gentry and nobility. Eventually many directories started to include private residents.
Directories offered a description of the area covered, and assist in offering possible company names if your ancestor's trade is known. Following your ancestor's appearance through a series of directories assists in you watching their career develop, and can suggest a time of death or relocation when their name stops appearing.
Note that directories were usually compiled the year prior to publication so regard the information as one year old. Also remember that a person with several occupations may only be listed once, and the continuity of a company name may hide the fact that the founder has passed but the son, maybe with the same name, has continued running the business. The majority of poor people were not listed in directories, so don't assume their non-appearance suggests they weren't there.
Collections of directories are held at the SoG at the Guildhall Library, as well as local county record offices, libraries and museums. Some directories are available in second hand bookshops and for sale through Ebay.
Highland Clearances
In the Highlands and Islands, between the 1770's and 1850's, there was a sharp rise in the population putting pressure on the use of the land. This brought about schemes to resettle abroad in North America, or in Australia, but in some cases, especially in Sutherland, emigration came after the people had been forcefully evicted from their homes and had seen their roof-timbers burned down. This displacement of people to allow the introduction of large numbers of sheep, is a painful but important part of our heritage which deeply affects Scottish life today. It is estimated some half a million people left the highlands during this period. See our
HappyHaggis Emigration page or visit www.highlandclearances.info/.
